Family-Based Immigrant Visa Petition Approvals: Important Updates from USCIS
On May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy updates concerning family-based immigrant visa petitions. This comprehensive guidance clarifies how USCIS handles approval notice errors, requests for consular processing or adjustment of status, and the routing procedures for approved petitions.
New Policy Highlights
Discretion in Routing Petitions: In cases where the petitioner of a Petition for Alien Relative (Form I-130) does not clearly indicate the beneficiary’s intent as to where to process the final step of the green card, USCIS will use discretion to determine whether to send the petition to the National Visa Center (NVC) for consulate processing or retain it for US-based Adjustment of Status processing based on the beneficiary’s latest known location.
Correcting Errors and Updates: Guidance is provided on how petitioners can notify USCIS to correct errors or update information, including changes related to the beneficiary’s location and processing intent.
Approval or Denial Decisions: USCIS outlines how officers should proceed when the beneficiary’s intent is unclear or has changed, ensuring that the petition is routed appropriately.
These new guidelines apply to all petitions pending or filed on or after May 22, 2024. The updated guidance supersedes previous instructions found in the Adjudicator’s Field Manual and related policy memoranda.
If you have any questions or need assistance with your family-based immigrant visa petition, please contact us at Law Office Of Adrienne J Vaughan. For more information and updates, visit our website or call us to schedule a consultation. We are here to help you every step of the way.